Background

Ad description

Ten Facebook posts from The Scottish Gin Society, seen in December 2017 and January 2018:

a. A post, dated 4 January 2017, featured an image of a glass of gin and tonic accompanied by the text “This gin and tonic has 91 calories. A banana has 105 calories. My doctor told me to make the healthy choice. I love my doctor”. The caption stated “Kick off your New Year Diet with some good advice …”.

b. A post, dated 4 November 2017, featured an image of a glass of gin and tonic accompanied by the text “A banana has 150 calories a G&T has 110 calories Case closed.” The image featured The Scottish Gin Society’s logo and was captioned “We’re all about making healthy choices…”.

c. A post, dated 14 November 2017, captioned “The medicinal qualities of gin are never-ending it seems…All the more reason to make sure you’re stocked up!”, included embedded text and an image from an editorial post which featured the text “You’ll never guess what some people use to help with period pain…A gin and tonic may be able to settle nerve disturbances and period cramps when nothing else can”.

d. A post, dated 17 November 2017, featured an image of a glass of gin and tonic accompanied by the text “I only drink gin on two occasions: When I’m thirsty and when I’m not thirsty”. The image featured The Scottish Gin Society’s logo and was captioned “We feel one of these occasions coming on soon- don’t you?” and featured a smiley face emoji.

e. A post, dated 10 December 2017, featured an image of an animal holding a cocktail with the text “Gin…Helping otherwise smart girls embrace their inner skank since the 1600’s [sic]”. The post was captioned “No!!Not gin!” and featured two laughing emojis and a crying face emoji.

f. A post, dated 12 December 2017, captioned “True or not, let’s just take this as an excuse to really enjoy the festive season!” with a smiley face emoji, included embedded text and an image from an editorial article which featured the text “Drinking Gin Could Speed Up The Metabolism, So Pass Us The Bottle”.

g. A post, dated 27 December 2017, featured an image of a glass of gin and tonic accompanied by the text “Healthy eating and exercise make you look better naked. So does gin. Your choice”. The image featured The Scottish Gin Society’s logo and was captioned “In case you’re feeling a bit bloated after the festivities, you have choices!”.

h. A post, dated 27 December 2017, featured text which stated “SHELBY COMPANY…GIN DISTILLED FOR THE ERADICATION OF SEEMINGLY INCURABLE SADNESS” and was captioned “Recently spotted on Peaky Blinders…you’re not wrong there Mr Shelby!”.

i. A post, dated 1 January 2018, featured an image of a glass of gin and tonic accompanied by the text “Shut up liver, you’re fine! Gin?”. The image featured The Scottish Gin Society’s logo and was captioned “Come on, be honest. How many of you are thinking this right now?”.

j. A post, dated 5 January 2018, featured an image of a stick cartoon and featured the text “THIS IS BILL. BILL LIKES GIN. BILL HAS CHOSEN TO FOLLOW GINUARY, NOT DRY JANUARY. BILL KNOWS JANUARY IS A LONG MONTH. BILL IS SMART. BE LIKE BILL.” The caption stated “Dry January or Ginuary? We’ve made our choice already”.

Issue

Aberdeenshire Alcohol and Drug Partnership challenged whether:

1. ads (d), (i) and (j) were irresponsible because they encouraged excessive drinking;

2. the claims in ads (a) and (b), which were comparative nutrition claims, complied with the Code;

3. ads (c), (f), (g) and (h) implied that alcohol had therapeutic qualities and could enhance physical and mental capabilities; and

4. ads (e) and (g) linked alcohol to sexual success.

Response

1– 4. The Scottish Gin Society said that they did not consider that the Facebook posts were advertisements and argued that they did not fall within the remit of the Code as there was no product or service to purchase and they did not offer products or receive income from the sale of third-party products. They explained that most of the content was from third-party posts, none of which was created by The Scottish Gin Society. They confirmed that the posts had been removed from Facebook.

They clarified that membership to The Scottish Gin Society was not monetised and that they did not sell any products and were not paid to promote products.

Assessment

The ASA considered that the Facebook posts were within the remit of the CAP Code, because they were directly connected to the promotion of The Scottish Gin Society’s membership service and the intention to sell gin, which was therefore directly connected to the supply of Scottish gin.

1.Upheld

The CAP Code required marketing communications to be socially responsible and contain nothing that was likely to lead people to adopt styles of drinking that were unwise, including encouraging excessive drinking. We considered that ad (d), which included the text “I only drink gin on two occasions: When I’m thirsty and when I’m not thirsty” and was featured alongside an image of a glass of gin and tonic, implied that alcohol should be drunk at all times, including as a way to quench thirst. We also considered that ad (i), which featured the text “Shut up liver, you’re fine! Gin?” and was captioned “Come on, be honest. How many of you are thinking this right now?”, encouraged readers to consume alcohol even if their health was suffering. Ad (j) featured a graphic of a character named Bill and was captioned “Dry January or Ginuary? We’ve made our choice already”. We considered that ad suggested that ‘Bill’ was smart for drinking gin instead of abstaining from alcohol by not partaking in dry January. Although those viewing the posts would understand the intention behind them as light-hearted and humorous, we nonetheless considered they had the effect of condoning and encouraging excessive drinking. We therefore concluded that ads (d), (i) and (j) encouraged excessive drinking.

On this point, ads (d), (i) and (j) breached CAP Code (Edition 12) rule  18.1 18.1 Marketing communications must be socially responsible and must contain nothing that is likely to lead people to adopt styles of drinking that are unwise. For example, they should not encourage excessive drinking. Care should be taken not to exploit the young, the immature or those who are mentally or socially vulnerable.  (Alcohol).

2.Upheld

We noted that according to Regulation (EC) 1924/2006 on nutrition and health claims made on foods (the Regulation), which was reflected in the CAP Code, the only permitted nutrition claims that could be made for alcohol were “low-alcohol”, “reduced alcohol” and “reduced energy”. The Code required that comparative nutrition claims such as “reduced energy” must meet the conditions of use associated with the permitted claim and must compare the difference in the claimed nutrient to a range of foods of the same category.

Both ads (a) and (b) featured an image of a banana and a glass of gin and tonic alongside text which referred to the calorific content of both. The captions in both ads (a) and (b) referred to making the “healthy choice”. Given the presentation and the invitation to make a decision between the two items, we considered that consumers would understand the graphic to be making a favourable comparison between the calorific content of a gin and tonic and that of a banana. The ad therefore made a “reduced energy” comparative nutrition claim. We considered that alcoholic-mixed drinks and fruits did not fall into the same food category and therefore concluded that the comparative nutrition claim breached the Code.

On this point, ads (a) and (b) breached CAP Code (Edition 12) rules  15.1 15.1 Marketing communications that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified in the EU Register. Claims must be presented clearly and without exaggeration.    15.1.1 15.1.1 Only nutrition claims listed in the updated Annex of the EU Regulation (as reproduced in the EU Register) may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm
Only health claims listed as authorised in the EU Register, or claims that would have the same meaning to the consumer may be used in marketing communications.
http://www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm.  and,  15.3 15.3 Comparative nutrition claims must compare the difference in the claimed nutrient to a range of foods of the same category which do not have a composition which allows them to bear a nutrition claim.  (Food, food supplements and associated health and nutrition claims) and  18.17 18.17 Marketing communications may give factual information about product contents, including comparisons, but must not make any health, fitness or weight-control claims.
The only permitted nutrition claims are "low-alcohol", "reduced alcohol" and "reduced energy" and any claim likely to have the same meaning for the consumer.  (Alcohol)

3. Upheld

The CAP Code required that ads must not imply that alcohol had therapeutic qualities or that it could enhance mental or physical capabilities, and that it should not be portrayed as being capable of changing mood. Ads may give factual information about product contents, including comparisons, but must not make any health, fitness or weight-control claims.

Ads (f) and (g) referred to gin as being capable of speeding up metabolism, which consumers would understand to mean that gin would be beneficial to health. Ad (c) referred to gin as being able to “settle nerve disturbances and period cramps” and ad (h) featured the text “gin distilled for the eradication of seemingly incurable sadness”. We acknowledged that the captions of the ads were presented in a light-hearted tone. Nonetheless, the claims still implied that gin could help people overcome emotional problems, and treat depression and pain, and that the ads therefore suggested that gin had therapeutic qualities and could help to treat health conditions. On that basis we concluded the ads breached the Code.

On this point, ads (c), (f), (g) and (h) breached CAP Code (Edition 12) rules 15.6,  15.6.2 15.6.2 Claims that state or imply a food prevents, treats or cures human disease. Reduction-of disease-risk claims are acceptable if authorised by the European Commission  (Food, food supplements and associated health and nutrition claims) and  18.7 18.7 Marketing communications must not imply that alcohol has therapeutic qualities. Alcohol must not be portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment. Marketing communications must not imply that alcohol can enhance mental or physical capabilities; for example, by contributing to professional or sporting achievements.  and  18.17 18.17 Marketing communications may give factual information about product contents, including comparisons, but must not make any health, fitness or weight-control claims.
The only permitted nutrition claims are "low-alcohol", "reduced alcohol" and "reduced energy" and any claim likely to have the same meaning for the consumer.  (Alcohol).

4.Upheld

The CAP Code stated that marketing communications must neither link alcohol with seduction, sexual activity or sexual success nor imply that alcohol can enhance attractiveness. We considered that ad (e) which included the text “Gin…Helping otherwise smart girls embrace their inner skank since the 1600’s [sic]”, linked the consumption of alcohol with sexual activity. Ad (g) also referenced gin being able to “make you look better naked”. Although those viewing the posts would understand the intention behind them as light-hearted and humorous, we nonetheless considered they had the effect of suggesting alcohol could enhance attractiveness and therefore lead to sexual success. We therefore concluded that ads (e) and (g) breached the Code.

On this point, ads (e) and (g) breached CAP Code (Edition 12) rule  18.5 18.5 Marketing communications must neither link alcohol with seduction, sexual activity or sexual success nor imply that alcohol can enhance attractiveness.  (Alcohol).

Action

We welcomed The Scottish Gin Society’s action to remove the posts. We told The Scottish Gin Society to ensure that in their future ads they did not encourage the excessive consumption of alcohol, not to make comparative nutrition claims or health claims in relation to alcohol, and not to imply that alcohol had therapeutic qualities or suggest that it could enhance physical capabilities. We also told them not to imply that alcohol could enhance attractiveness or lead to sexual success.

CAP Code (Edition 12)

15.1     15.1.1     15.3     15.6.2     18.1     18.17     18.2     18.5     18.7    

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